News & Analysis as of

Water Quality Environmental Policies

Troutman Pepper Locke

To Waive or Not to Waive, Redux

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Following its recent opinion in Village of Morrisville v. Federal Energy Regulatory Commission, the D.C. Circuit Court of Appeals has once again waded into the issue of when a state waives its certification authority under...more

Mitchell, Williams, Selig, Gates & Woodyard,...

2024 Arkansas Groundwater Protection and Management Report: Arkansas Department of Agriculture Natural Resources Commission...

The Arkansas Department of Agriculture Natural Resources Commission (“NRC”) has released the 2024 Groundwater Protection and Management Report (“Report”)...more

MG+M The Law Firm

Tustin, California's New State-Funded Water Treatment System to Eliminate PFAS From Drinking Water

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Facing federal government plans to weaken regulation of “forever chemicals” in drinking water, Tustin’s Governor, Gavin Newsom, announced the city received a new, state-funded water treatment system designed to remove per-...more

Allen Matkins

Beyond Sackett: California’s Expanding Role in Wetlands Permitting and the Future of “Waters of the State”

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California’s regulatory authority over “waters of the state” continues to grow even as the federal definition of “Waters of the United States” (WOTUS) narrows under shifting legal and regulatory frameworks. In Sackett v. EPA...more

Allen Matkins

DWR and Water Board Propose Key Updates to Desalination Policy Framework

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As climate variability and drought continue to challenge California’s water supply, the state is renewing its focus on seawater desalination as part of a diversified water portfolio. While only a handful of large-scale...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Water Quality Trading/Louisiana Department of Environmental Quality: First Pollutant Reduction Credit Is Certified

The Louisiana Department of Environmental Quality (“LDEQ”) issued a May 30th news release stating that it has: …certified the state’s first pollutant reduction credits under its Water Quality Trading (“WQT”) program — a...more

Troutman Pepper Locke

To Waive or Not to Waive? That Is the 401 Question

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The U.S. Court of Appeals for the D.C. Circuit on May 16, 2025, clarified the conditions under which a state waives its Clean Water Act (CWA) Section 401 water quality certification (WQC) authority. In Village of Morrisville...more

Nossaman LLP

California Water Views – 2025 Outlook

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Water is simple. Water issues are complex. To provide more clarity, we asked our attorneys who are committed to the water sector to identify the pivotal issues they’re watching now and for the year ahead. Their perspectives...more

Ballard Spahr LLP

PFAS in Biosolids: Washington State Adopts Testing Requirement

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Washington state has joined the growing list of states addressing the presence of per- and polyfluoroalkyl substances (PFAS), commonly known as “forever chemicals,” in biosolids that are widely used in farming. With Governor...more

Mitchell, Williams, Selig, Gates & Woodyard,...

100 Days/U.S. EPA cites 100 Environmental Accomplishments: Approval of Arkansas Water Quality Standards is Listed as Number Four

The United States Environmental Protection Agency (“EPA”) issued a news release titled: 100 Days, 100 Environmental Accomplishments. The news release stated that the Trump Administration has: …wasted no time...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Alabama Water Quality Criteria/Toxicity Values: Six Environmental Organizations Submit Petition to Alabama Environmental...

Six environmental organizations submitted an April 15th Petition to the Alabama Environmental Management Commission to amend Ala. (ADEM) Admin. Code Chap. 335-6-10, Appendix A....more

Mitchell, Williams, Selig, Gates & Woodyard,...

FY 2026 Fiscal Appropriations/U.S. Senate Appropriations Committee: Association of Clean Water Administrators Testimony

The Association of Clean Water Administrators (“ACWA”) transmitted April 4th testimony to the United States Senate Subcommittee on Interior, Environment and Other Related Agencies Appropriation Committee addressing FY 2026...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Geological Survey Science Centers Scheduled for Closure (Including Arkansas Water Science Center): Public Employees for...

Public Employees for Environmental Responsibility (“PEER”) issued an April 29th news release stating that a: …network of federal centers tracking stream flow for flood warnings and drought management as well as water...more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Update: Regulatory Notes – April 2025

April has proven a busy month for environmental issues when it comes to the regulatory arena. Below are just a few of the notable developments:...more

Troutman Pepper Locke

Citizen Suits and Larger Penalties May Be the Future of California Water Quality Protections

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The California legislature continues to advance Senate Bill 601 (SB 601), the “Right to Clean Water Act,” which aims to safeguard protections for California’s streams and wetlands that lost federal protection under the Clean...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Applying Mussels Absent Ammonia Criteria: Missouri Department of Natural Resources Public Notices Draft Procedure

The Missouri Department of Natural Resources (“MDNR”) is holding on April 10th a Water Quality Standards (“WQS”) Workgroup meeting to consider (among other things): Draft Procedure for applying mussels absent ammonia...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Upper White River Watershed Management Plan: H2Ozarks Announces Extension of Comment Period

H2Ozarks announced that the public comment period has been extended through April 22nd for the Upper White River Watershed Management Plan (“Plan”). The organization states that it is seeking community feedback to “ensure...more

Latham & Watkins LLP

The State of California Water in 2025

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Stakeholders should stay informed as state and federal officials advance plans and policies for water conservation, water quality, and climate resilience in California....more

Womble Bond Dickinson

The US Uranium Dilemma: Domestic Production Challenges in an Era of Growing Nuclear Energy Demand

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The US has a massive disparity between domestic uranium production and demand, highlighting a critical dependency on foreign sources, particularly as nuclear energy development is expected to increase. Recent federal public...more

Kelley Drye & Warren LLP

Supreme Court Strikes Down ​“End-Result” Requirements in NPDES Permits

On March 4, 2025, the U.S. Supreme Court issued a ruling that prohibits the U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) from setting qualitative limits based on the condition of the ​“receiving waters” that...more

BakerHostetler

Supreme Court Invalidates Certain ‘Narrative’ Water Quality Limitations in NPDES Permits

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On March 4, the U.S. Supreme Court (“SCOTUS” or the “Court”) issued a decision in San Francisco v. EPA that invalidated certain “end-result” water quality limitations in NPDES permits — specifically, those that “do not spell...more

Holland & Knight LLP

In San Francisco v. EPA, Supreme Court Continues Its "Righting" of the Clean Water Act

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With its opinion in San Francisco v. EPA, the U.S. Supreme Court has again acted to "right" the implementation of the federal Clean Water Act by overturning a U.S. Court of Appeals for the Ninth Circuit interpretation of the...more

Tonkon Torp LLP

U.S. Supreme Court Ruling Will Make it Easier to Comply with NPDES Permits

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On March 4, 2025 the Supreme Court overturned the 9th Circuit to rule in favor of the City of San Francisco in a landmark Clean Water Act case. The EPA authorizes states to issue National Pollutant Discharge Elimination...more

Nossaman LLP

State Water Board Developing Statewide Urban Stormwater Infiltration Policy

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The California State Water Resources Control Board (State Water Board) has begun its process to develop a new statewide Urban Stormwater Infiltration Policy. The goal of the proposed new policy is to establish statewide...more

Alston & Bird

PFAS Primer Quarterly Update: 2024 Q4 – Setting the PFAS Standard

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In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA drafts recommended PFAS levels for water quality, California’s Department of...more

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